HOLMAN BROS. (NIGERIA) LTD
V.
KIGO (NIGERIA) LTD & ANOR

(1980) JELR 48827 (SC)

Supreme Court 5 Sep 1980 Nigeria
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Case Details

Suit Number:SC.27/1980
Judges:UDO UDOMA Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams, SAN., (with him, Bayo Kehinde) For Appellant E. Noel Grey, for the 1st Respondents & J.B. Majiyagbe SAN., (with him, Z.A. Sogfa), for the 2nd respondents. For Respondent
Other Citations:HOLMAN BROS (NIGERIA) LTD. v. KIGO (NIGERIA) LTD. & ANOR. (1980) 8-11 S.C. (REPRINT) 27

SIR U. UDOMA, JSC (Delivering the Leading Judgment): My Lords, this appeal has come to this court by leave of the Federal Court of Appeal.

It has been brought by the defendants, herein appellants, against the ruling of the Federal Court of Appeal given on 31st March, 1980, refusing the appellants leave to appeal to the Federal Court of Appeal against the decision and order of the High Court, Kano State. Rowland, J, striking out the second respondents herein as Third Party in suit No. K/108/79; and thereafter refusing the appellants leave to appeal therefrom to the Federal Court of Appeal.

The appeal raises in a rather acute form the important question of the principles of law and rules of practice to be applied or followed and the approach to be adopted by the Federal Court of Appeal when an application for leave to appeal from a judgment or decision given or an order made by the High Court comes before it for consideration and determination. The quality of the materials to be placed …

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